In my mature years, what I now refer to as my old age, I am beginning to see one last major project that is worthwhile. It has always been on my back burner but never promoted.
I would like to see some form of legal public advocacy for a pro-commerce position.
I have had more than 45 years experience with legal public advocacy, beginning with a firm in San Francisco founded and led by my friend Robert Gnaizda: Public Advocates in San Francisco.
I have been a consultant and an expert witness for Bob's variety of clients and advocacy firms for at least 40 of those years.
In almost all cases legal public advocacy has been trivial despite its occasional successes. In one of its greatest successes in California it won a case recognizing the disparity in support for public schools Serrano v Priest. The case was won but the lack of follow-up meant nothing ever changed.
I can think of four extraordinary cases where legal public advocacy has been positive.
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The first was my own case against Bank of California. It was fortuitous the we drew a favorable Federal judge who understood the case and made it clear to the banks that they would all have to settle the class-action. Savings and Loans and other financial organizations nationwide joined the settlement. There was never an actual trial.
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In Israel the law firm of Shurat HaDin was able to stop the constant barrage of Jew hating convoys trying to enter the Gaza blockade zone. They did this by sending letters first to marine insurance companies and then to every harbormaster in the Mediterranean and eastern Atlantic pointing out that ships crossing a legal blockade were uninsured and the harbormaster who permitted them to leave a harbor in the first place was liable.
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A law firm in Washington DC brought several cases against the IRS, the lead lawyer is Tom Fitton at the firm of Judicial Watch. The firm was able in discovery to get a good judge who made the IRS cough up the e-mails that the IRS had been hiding and lying about to Congress for several years.
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In Los Angeles a legal action by Students Matter on behalf of poorly performing low income students got a court order against the union policies of not firing teachers and promoting teachers automatically on seniority. This raised the issue at least to the level of public understanding about the evils of union control of public schools.
My next blog is about the actual way in which public legal action can be effective and has been effective without pursuing actual court cases.